H1B Visa Holder (Indian) getting married to F1 Visa (European)

[frozen_angel]

Hello,
I have posted this question in H1B section. Posting it here too since it seems related to F1 too.

I am an H1B Visa holder (Indian). My I-140 got approved a few weeks back and now according to the lawyers, we need to wait for the priority date.

I have been in a relationship with a Polish citizen who came to the US on J1 Visa initially and last year did a Change of Status to get an F1 VISA. Currently, she is on F1 VISA pursuing her degree. As of now, she does not have an F1 VISA stamped on her passport and just the change of the status. So if she leaves the country she will need to take a visa interview and get the F1 visa stamped.

Now we are planning to get married in March 2018 but the visa issue seems to be pretty complex since we both are from different countries and present in the US on different visas. We are planning to have our wedding ceremony in India and have few questions about visa regulations. Any help will be appreciated.

1. If we go to India in Feb she will be taking off in middle of a school quarter and will possibly end up not attending a quarter which will void her F1 visa. Is this correct?
2. Once we go to India and get married. I have to get my H1B stamped in India (I don't have a stamp as of now). What visa will she need to apply for?
3. Can she apply it in India or she has to apply it in her home country Poland?
4. Will leaving school in the middle of a quarter be considered as a negative impact on maintaining F1 visa status and can it affect the chances of getting another visa like H4?
5. Since we are from different countries and on different visa status where should we get our marriage registered?

Thanks.

[scientist2016]

Hello,
I have posted this question in H1B section. Posting it here too since it seems related to F1 too.

I am an H1B Visa holder (Indian). My I-140 got approved a few weeks back and now according to the lawyers, we need to wait for the priority date.

I have been in a relationship with a Polish citizen who came to the US on J1 Visa initially and last year did a Change of Status to get an F1 VISA. Currently, she is on F1 VISA pursuing her degree. As of now, she does not have an F1 VISA stamped on her passport and just the change of the status. So if she leaves the country she will need to take a visa interview and get the F1 visa stamped.

Now we are planning to get married in March 2018 but the visa issue seems to be pretty complex since we both are from different countries and present in the US on different visas. We are planning to have our wedding ceremony in India and have few questions about visa regulations. Any help will be appreciated.

1. If we go to India in Feb she will be taking off in middle of a school quarter and will possibly end up not attending a quarter which will void her F1 visa. Is this correct?
2. Once we go to India and get married. I have to get my H1B stamped in India (I don't have a stamp as of now). What visa will she need to apply for?
3. Can she apply it in India or she has to apply it in her home country Poland?
4. Will leaving school in the middle of a quarter be considered as a negative impact on maintaining F1 visa status and can it affect the chances of getting another visa like H4?
5. Since we are from different countries and on different visa status where should we get our marriage registered?

Thanks.

(1) Yes there would be problems with her F1 visa status. Your best bet would be to get her to talk to the international students office at her university, as they would be able to advise regarding alternatives.
(2) H4 if she wants to enter as your spouse or else she can try F1 (see above regarding talking to the international students office at her university).
(4) No impact on any other visas.
(5) In India. The marriage certificate from the local registrar's office WILL be needed in the future (when you file for your adjustment of status for your green card, or for your wife's H4, etc.)

I would recommend that you look into filing for your adjustment of status promptly after your marriage, since you will be able to do it (one can charge the visa numbers to either of the husband or wife's country, and since Poland's numbers in both EB2 as well as EB3 are usually current or close to it, you should avail of that opportunity). Infact doing so, will allow you guys not to bother about what visa your wife would need to apply for, etc.

[frozen_angel]

(1) Yes there would be problems with her F1 visa status. Your best bet would be to get her to talk to the international students office at her university, as they would be able to advise regarding alternatives.
(2) H4 if she wants to enter as your spouse or else she can try F1 (see above regarding talking to the international students office at her university).
(4) No impact on any other visas.
(5) In India. The marriage certificate from the local registrar's office WILL be needed in the future (when you file for your adjustment of status for your green card, or for your wife's H4, etc.)

I would recommend that you look into filing for your adjustment of status promptly after your marriage, since you will be able to do it (one can charge the visa numbers to either of the husband or wife's country, and since Poland's numbers in both EB2 as well as EB3 are usually current or close to it, you should avail of that opportunity). Infact doing so, will allow you guys not to bother about what visa your wife would need to apply for, etc.

Hello scientist2016,
Thanks for your reply. We will talk to the DSO about the F1 Visa implication. Our plan is that she will continue the same course just on H4 so that we don't have to international student fee and will also be able to get H4 dependent EAD card. I have collected some info about cross chargeability which you mentioned about. My I-140 is approved but I-485 is not filled since the priority date way far from being current. My plan is that after we get married I will file I-485 and my wife as dependent and do a cross chargeability to have my application considered on her country (Poland). As far as I know the filing and green card approval process can take 3-6 months so I don't understand what you mean "Infact doing so, will allow you guys not to bother about what visa your wife would need to apply for, etc." Can you please provide some more details. After we get married for her to be able to come to US we will need some visa for her. Is this correct or I am missing something here?

Thanks.

[scientist2016]

Hello scientist2016,
Thanks for your reply. We will talk to the DSO about the F1 Visa implication. Our plan is that she will continue the same course just on H4 so that we don't have to international student fee and will also be able to get H4 dependent EAD card. I have collected some info about cross chargeability which you mentioned about. My I-140 is approved but I-485 is not filled since the priority date way far from being current. My plan is that after we get married I will file I-485 and my wife as dependent and do a cross chargeability to have my application considered on her country (Poland). As far as I know the filing and green card approval process can take 3-6 months so I don't understand what you mean "Infact doing so, will allow you guys not to bother about what visa your wife would need to apply for, etc." Can you please provide some more details. After we get married for her to be able to come to US we will need some visa for her. Is this correct or I am missing something here?

Thanks.

Yes you would need a visa. Alternately, you guys could go the green card via consular processing route, in which case she can wait in Poland.

[inadmissible]

Scientist,

The Indian national is the EB beneficiary, the Polish national is the EB derivative

In order to obtain an immigrant visa, won't they both have to wait for the EB to become current with respect to the schedule pertaining to Indian nationals?

[scientist2016]

Scientist,

The Indian national is the EB beneficiary, the Polish national is the EB derivative

In order to obtain an immigrant visa, won't they both have to wait for the EB to become current with respect to the schedule pertaining to Indian nationals?

Hello Inadmissible,
No, as long as both the I485s are simultaneously filed and adjudicated, it does not matter whether the person with the favorable priority date is the principal or the dependent. See the Adjudicators Field Manual here: https://www.uscis.gov/policymanual/H...-Chapter6.html

I am quoting from section 7:
"In practice, cross-chargeability is used where the preference quota category is backlogged for one spouse’s country of chargeability but is current for the other spouse’s country of chargeability. The principal applicant may cross-charge to the derivative spouse’s country, and the derivative spouse may cross-charge to the principal’s country."

[frozen_angel]

Hello Inadmissible,
No, as long as both the I485s are simultaneously filed and adjudicated, it does not matter whether the person with the favorable priority date is the principal or the dependent. See the Adjudicators Field Manual here: https://www.uscis.gov/policymanual/H...-Chapter6.html

I am quoting from section 7:
"In practice, cross-chargeability is used where the preference quota category is backlogged for one spouse’s country of chargeability but is current for the other spouse’s country of chargeability. The principal applicant may cross-charge to the derivative spouse’s country, and the derivative spouse may cross-charge to the principal’s country."

Thanks for sharing the link. Yes, the lawyers who are handling my case have said the same thing. Either I wait for my date to be current or when I get married they will file I-485 with my wife (Polish citizen) as my dependent and I will be cross charged.

Given that the wait can be 3-6 months we are planning to get a visa stamped so that she can enter US and does not have to wait in Poland. Do you know if her H4 visa stamping can be done in India or does she has to get it done in Poland ?